Salem Auto Accident Attorneys

My Loved One Was Killed by a Drunk Driver. Can I Seek Justice on Their Behalf? 

If your friend or family member was killed in a drunk driving accident, the personal representative of their estate may file a wrongful death claim on behalf of the beneficiaries and surviving family members. 

While no amount of money can bring back your loved one, pursuing a wrongful death action can provide grieving families with a sense of closure and compensation for burial expenses, funeral costs, and outstanding medical debt related to the accident.

Our attorneys are well-versed in wrongful death and survival actions to guide your family through the eligibility requirements, prepare organized filings, and handle communications with the opposing parties while you focus on healing.

Determining Fault in Car Accident Claims

All drivers owe others a duty of care while on the road. Oregon is a fault-based state when it comes to auto accidents, meaning that the person who caused an accident is legally responsible for any injuries or damages resulting from the collision. However, compensation is not automatic after a car accident. 

To successfully recover compensation, you must establish the following elements: 

1. Duty of care. The other party owed you a duty of care, such as obeying traffic signs and paying attention to the road. 
2. Breach of duty. The other party breached their duty by acting negligently, such as running a red light or driving aggressively. 
3. Causation. The accident and injuries would not have occurred if not for the other party’s negligence. 
4. Damages. You suffered damages or losses due to your injury, such as medical bills, lost wages, or emotional distress. 

Proving fault in a car accident claim can be complex, especially when the car accident involves multiple parties or contested liability. For example, if a mechanical defect caused a brake failure, multiple parties may share fault, such as the parts manufacturer, vehicle manufacturer, and product designer. 

Our attorneys can investigate the crash, review police reports and medical records, and gather key evidence such as witness statements, camera footage, and vehicle data when available to present a compelling case. We leave no stone unturned during our investigations to identify all potentially responsible sources. 

Can I Recover Compensation if I Was Partially Responsible for the Auto Accident?

Yes. Oregon follows a modified comparative negligence system, meaning victims may recover compensation as long as their share of the fault is 50% or less. If your fault is 51% or more, you may be ineligible to seek damages. 

It’s important to understand that any compensation awarded may be reduced by your percentage of the liability. For example, if you are 10% at fault for an accident totaling $50,000 in damages, you may only recover $45,000. 

Insurance companies often use modified fault to their advantage by unfairly blaming victims for their injuries. We can aggressively safeguard your rights, push back against lowball settlement offers, and stand up for you in court if needed to force insurers to the negotiating table. 

How We Build Robust Auto Accident Claims from the Ground Up

Auto accident claims largely depend on how evidence is identified, preserved, and connected into a clear liability story. Our attorneys take an active role in developing the full factual record so liability and damages are supported.

Below are some ways that we work to build robust, evidence-backed cases from the outset:

Analyzing Police Reports

We obtain police reports and compare them with physical evidence, witness accounts, and vehicle damage to identify gaps or inconsistencies. 

Building Clear Medical Timelines 

We organize medical records, imaging, and treatment notes to show how the injury developed over time and establish the link between the crash and your condition.

Securing Time-Sensitive Evidence

We act quickly to identify and preserve surveillance footage, dashcam recordings, and nearby business video before it becomes overwritten or erased. 

Collaborating with Industry Experts

We collaborate with accident reconstruction specialists and other technical experts to analyze speed, impact angles, braking patterns, and roadway conditions.

Identifying & Preserving Witness Accounts Early

We locate witnesses as early as possible to preserve their statements while memories are still fresh and evaluate observations alongside other physical and digital evidence.

Using Vehicle Data & Digital Evidence 

When available, we review electronic control module data that records speed, braking, and impact forces to provide objective insight into driver behavior. 

Handling Insurance Communications 

We handle insurer communications directly and review claim files for inaccuracies or selective summaries to keep the focus on verified facts rather than interpretations.

Trial-Ready Representation

If an insurance company refuses to negotiate fairly, our highly skilled litigators never hesitate to take cases to court if necessary to achieve a favorable outcome. 

Don’t let someone else’s negligence derail your health and finances. Contact us online to discuss your case with our trusted injury lawyers. Se habla español.